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American Morning

Bryant in Court

Aired October 10, 2003 - 09:06   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


SOLEDAD O'BRIEN, CNN ANCHOR: By allowing the preliminary hearing to go forward, has Kobe Bryant's defense team allowed the prosecution to get the upper hand? Joining us from Eagle, Colorado, CNN's legal analyst Jeffrey Toobin.
Hey, Jeffrey, good morning again.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Soledad.

O'BRIEN: After a day of what I think is fair to call shockers, weigh in for me who you think, which side, is ahead? Is it the defense or the prosecution that's way out front now?

TOOBIN: Well, I don't know about way out front, but I think overall, the day was damaging for Kobe Bryant. I mean, the images that most people will take away, that the jury pool will take away, from yesterday's testimony is of a rape, a violent rape, where a woman made a bad mistake in flirting with this man and agreeing to go to his hotel room, in making out with him, but then, you know, getting involved in a situation that that was truly horrible for her.

There was so much rich, detailed testimony yesterday. One thing that hasn't come out, we haven't talked about is a bellman. The alleged victim testified that immediately after she left the hotel room, she went to a bellman, a friend of hers, who also worked at the hotel, and told him how distraught she was. He, in turn, was so concerned about her, he followed her home to make sure she got home safely, and then called to see she was OK, very important corroborative evidence that she didn't make up this story later, that she was upset right when it happened.

O'BRIEN: At the same time, there are some have said the prosecution did does not have a strong case, and they point to the detective on the stand yesterday who was unable, frankly, to remember key details about the case at a moment when he really should have been able to. Do you think that's a fair criticism?

TOOBIN: Well, I don't think that's a particularly fair criticism, because remember, when the trial comes, he won't be testifying about the interview with this woman. The woman herself will be testifying. And we don't know whether she's a persuasive witness or not.

Look, there are definite problems with the prosecution's case. This is no slam dunk. She went to the room willingly. He will have a very different version of what went on in the hotel room. The absence of physical injuries to her, especially on her neck, given that the claim that he was holding her by her neck the whole time. That's a problem in the prosecution's case.

So, you know, this is not a slam dunk, but, you know, we're going to have a lot more to learn about the evidence as this unfolds.

O'BRIEN: Quick question for you, the defense attorney mentioned the woman's name six times, much to the shock, I think, of the folks in the courtroom, as it's been described 37. Also at one point asked if the injuries to the genital area could be consistent with someone who had sex three different days with three different men, leading everybody in a whole different direction. Weigh in on, potentially, what you think is the defense's strategy in doing those things?

TOOBIN: Well, I think, particularly with the three men in three days, they are trying to do two things. One, they are trying to discount the injuries and say that they could be due to completely other encounters that this woman had. But in a larger sense, they are trying to portray this woman as unstable, promiscuous and someone who simply can't be trusted. The defense in this case is this woman is a liar. That's the defense. And they are going to do simply anything they can to try to prove that that's what she is.

O'BRIEN: The hearing continues on Wednesday.

Jeffrey Toobin, thanks, as always.

TOOBIN: OK, Soledad.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com






Aired October 10, 2003 - 09:06   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SOLEDAD O'BRIEN, CNN ANCHOR: By allowing the preliminary hearing to go forward, has Kobe Bryant's defense team allowed the prosecution to get the upper hand? Joining us from Eagle, Colorado, CNN's legal analyst Jeffrey Toobin.
Hey, Jeffrey, good morning again.

JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Soledad.

O'BRIEN: After a day of what I think is fair to call shockers, weigh in for me who you think, which side, is ahead? Is it the defense or the prosecution that's way out front now?

TOOBIN: Well, I don't know about way out front, but I think overall, the day was damaging for Kobe Bryant. I mean, the images that most people will take away, that the jury pool will take away, from yesterday's testimony is of a rape, a violent rape, where a woman made a bad mistake in flirting with this man and agreeing to go to his hotel room, in making out with him, but then, you know, getting involved in a situation that that was truly horrible for her.

There was so much rich, detailed testimony yesterday. One thing that hasn't come out, we haven't talked about is a bellman. The alleged victim testified that immediately after she left the hotel room, she went to a bellman, a friend of hers, who also worked at the hotel, and told him how distraught she was. He, in turn, was so concerned about her, he followed her home to make sure she got home safely, and then called to see she was OK, very important corroborative evidence that she didn't make up this story later, that she was upset right when it happened.

O'BRIEN: At the same time, there are some have said the prosecution did does not have a strong case, and they point to the detective on the stand yesterday who was unable, frankly, to remember key details about the case at a moment when he really should have been able to. Do you think that's a fair criticism?

TOOBIN: Well, I don't think that's a particularly fair criticism, because remember, when the trial comes, he won't be testifying about the interview with this woman. The woman herself will be testifying. And we don't know whether she's a persuasive witness or not.

Look, there are definite problems with the prosecution's case. This is no slam dunk. She went to the room willingly. He will have a very different version of what went on in the hotel room. The absence of physical injuries to her, especially on her neck, given that the claim that he was holding her by her neck the whole time. That's a problem in the prosecution's case.

So, you know, this is not a slam dunk, but, you know, we're going to have a lot more to learn about the evidence as this unfolds.

O'BRIEN: Quick question for you, the defense attorney mentioned the woman's name six times, much to the shock, I think, of the folks in the courtroom, as it's been described 37. Also at one point asked if the injuries to the genital area could be consistent with someone who had sex three different days with three different men, leading everybody in a whole different direction. Weigh in on, potentially, what you think is the defense's strategy in doing those things?

TOOBIN: Well, I think, particularly with the three men in three days, they are trying to do two things. One, they are trying to discount the injuries and say that they could be due to completely other encounters that this woman had. But in a larger sense, they are trying to portray this woman as unstable, promiscuous and someone who simply can't be trusted. The defense in this case is this woman is a liar. That's the defense. And they are going to do simply anything they can to try to prove that that's what she is.

O'BRIEN: The hearing continues on Wednesday.

Jeffrey Toobin, thanks, as always.

TOOBIN: OK, Soledad.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com